The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-11-18

declared forfeited. ". c. A. Smoot
and William D. Roberts, bondsmen were
called, but were not present. The
Court said he would hear a motion at
any time TO reverse the order, upon
! the appearance of the defendant.
The Court overrpled a motion for q
new trial in the case o. the United States
vs.. John Harris, unlawful cohabitation
and certificate was made showing
! probable cause for appeal.
| Maurice McGrsth was called for ssn-
| teLCe, and asked if he had anything to
| say. The defendant stated that moth
ing that he could say would now alter
the case, but would place himself on
record that he was innocent. He cid
not see how it could be possible for bin
to be on the train and IN the Enquire.
office at the same time; it would be &
question for scientists and not lawyers
to decide. but there is a net woven
around me from which | could not eS
cape; the question before the jury was
| that they said from the beginning that
if we aCquit mCGrath we convict Vim,
and do not feel it right TO have an un-
dergrOuDd Indictment run in on NE"
The Court said: Under the statutes
OF this Territory a person may be gully
of crime and not be present.
etc. "It is probable that some one
mas been weaving & nst around
you to get you into this
trouble, but you certainly, from the evil
dence, took very active part IN it. The
crime was a very grievCus one. 1t is
within your power, and your duty TO
let 1t be known if others we're }mpli
Gated with you, otherwise you can ex-
pect no IeGiency. My advice is that
you hereafter disclose the whole thing
and il can be demonstrated what the
truth is"
The defendant stated he had already
been in confinement seven months The
jury had recommended him to mercy,
and but for that the Court felt the full
limit should be imposed. The defend
ant was then sentenced to seven years
ia the Pen.
William Wadley was called for SEN
tence, changed his plea of not guilty
and entered one of guilty Of unlawful
Capitalization. His counsel, Judge
Dusenberry. stated that the defendant
last married seventeen years ago, his
youngest child was 7 years old, the de-
PENDANT had lived within the law for the
last two or three years and asked the
mercy of the Court. The defendant in
tended to live within the law. The de-
PENDANT stated that it was his intention
to obey the law in the future, but would
support and provide for his family. Pros
ecutor Evans also stated that he had
inquired into his case, that the defend
ant was an honest, hard working mau,
was aged, and under his promise JUS
tice would be served by fine. The de-
PENDANT was therefore sentenced to pay
a fine of $500, which he paid and went
away free man.
John Harris, unlawful cohabitation,
was called for sentence, and made a
statement in his own behalf. The first
wife had been the means of getting him
second wife, to take care of him. was
thirteen years ago. He was poor aud
old and broke the law through ignor-
ance. The Cour5 stated that these
would be taken into consideration.
Sentence was thirty days and $50. De-
PENDANT gave bonus pending th7 appeal,
pie involved, for appeal. Bonds $500.
German Ellsworth, a similar offense,
six months and $50.
Ferdinand Olerhanski, six months
and $100.
The defendants were all taken to the
Penitentiary, except William Wadley,
who paid his fine, and John Harris,
who is on bail, pending appeal.
The court adjourned to day and went
to the other end of the district to
formally open the term in Ogden. =
petition is signed by tn members of
the bar to have Judge Boreman con-
tinue the court here, as material civil
interests are suffering for want of settle
ment.